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Home My WebLink About02 ANNEXATION 156 10-21-96DATE: OCTOBER 21, 1996 N0:.=.2 lDg 21 ~96 Intor-Gom TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJ£C~ INITIATION OF ANNEXATION NO. 156 (ABANDONED RAILWAY EASEMENT TO THE NORTH OF 13031 NEWPORT AVENUE) RECOMMENDATION That the City Council initiate Annexation No. 156 by adopting · Resolution ~No. 96-112 and confirm the Master Property Tax Transfer Agreement by adopting Resolution No. 96-113. FISCAL IMPACT County, State and consultant fees to prepare and process the annexation application are estimated at $5,000. These fees include: the $2,000 deposit for the County Surveyors Office; $1,300 for the Local Agency Formation Commission (LAFCO) application; $1,000 for preparation of the legal description and exhibit maps; $250 for the State Board of Equalization fee; and the $38 environmental recording fee. Annexation application fees will be paid from the general fund. The annexation of the subject property would not significantly increase property tax revenues or require an increased level of government services. BACKGROUND AND PROJECT DESCRIPTION The subject property proposed for annexation is a vacant .7 acre portion of an abandoned railway easement located to the north of the Plaza Lafayette shopping center at 13031 Newport Avenue and to the west of the Wood Crest apartments at 12901 through 12943 Newport Avenue. The subject property is located within the City's City Council Report Initiation of Annexation No. 156 Page 2 sphere of influence in an unincorporated area of Orange County. As shown on the attached location map (Exhibit A), the rectangular parcel is 50 feet in width and 625 feet in length. Plaza Properties, LLC, the owner of the adjacent Plaza Lafayette shopping center, is currently in negotiations with Southern Pacific to purchase the subject 'property and has requested that the City annex the site from unincorporated Orange County to the City of Tustin (Exhibit B). Plaza Properties, LLC's desire is to use the annexed property to expand the existing shopping center's parking lot. To simplify and streamline the design and permitting process for the proposed parking lot expansion and to improve essential government services (police, fire, etc.), it is important to the shopping center owner that the parking lot expansion area and the shopping center be located within the same jurisdiction. DISCUSSION An annexation request may be initiated by adoption of a resolution of the City Council. Following the resolution adoption ~ and submittal to the Local Agency Formation Commission (LAFCO), the County Surveyor and Auditor review the annexation request; the County Board of Supervisors considers the Master Tax Agreement; and LAFCO holds a hearing on the annexation request. Finally, the annexation proposal is presented to the City Council for formal approval. However, because the annexation area consists of one parcel and property owner consent is anticipated, the annexation process can be streamlined and the protest/formal hearing before the City Council may be waived by LAFCO. Attached is a City Council Resolution for initiating the annexation, pursuant to Section 56800 of the Cortese-Knox Local Government Reorganization Act of 1985. Also attached is a resolution to confirm the application of the Master Property Tax Transfer Agreement that provides for the division of property taxes between the County of Orange and the City of Tustin (Exhibit C). Although the amount of property tax revenue generated by the site is relatively insignificant, the adoption of this resolution is required as part of the application process for the annexation. Following the annexation of the property, the Planning Commission and the City Council must determine appropriate zoning and general plan designations. Public hearings are required for these zoning and general plan actions. City Council Report Initiation of Annexation No. 156 Page 3 ENVIRONMENTAL DETERMINATION This proposed annexation of a small parcel of land is Categorically Exempt (Class 19) pursuant to the provision of Section 15319 of the California EnvirOnmental Quality Act. The intended use of the subject property will require a zone change and general plan amendment, and future development of the property will require design review approval. These actions may require further environmental analysis. PUBLIC NOTICING Notices of intent to adopt this resolution of application were delivered to the manager of the Wood Crest apartments at 12901 through 12943 Newport Avenue, published in the Tustin Weekly on October 10, 1996, and mailed to each affected agency and to each owner of property within 300 feet of the subject property. Scott Re~kstin Associate Planner E~izabeth A. ~insack - Community Development Director Attachments: Exhibit A - Subject site Exhibit B - Annexation request letter dated 9/24/96 Exhibit C - Master Property Tax Transfer Agreement Resolution No. 96-112 Resolution No. 96-113 scr\ann#156, scr EXHIBIT A TO BE PROVIDED AT THE CITY COUNCIL MEETING September 24, 1996 Ms. Christine Shingleton Community Development CITY OF TUSTIN 300 Centennial Way Tustin, CA 92780 RE: ANNEXATION OF ABANDONED RAILWAY PROPERTY ADJACENT TO PLAZA LA FAYETTE S.B.E. 872-30-9J-34 SOUTHERN PACIFIC SRN 2575· Dear Chris: As owner of the Plaza La Fayette shopping center located at 13011 through 13051 Newport Avenue (intersection of Irvine Blvd.), we are interested in acquiring approximately 31,000 SF of abandoned railway easement property for the purpose of expanding the parking lot at Plaza La Fayette. In order to accomplish this it will be necessary for the City of Tustin to annex the subject site. We, therefore, request the City of Tustin to commence the annexation process. Sincerely, PLAZA PROPERTIES, LLC C. L. Burnett Manager CLB: lmw Enclosures EXHIBIT B BURNEWF DEVELOPMENT CORPOKATION 13031 Newport Avenue · Suite 200 -Tustin - California 92680-3517 · Telephone ° 714 ' 544-7600 · Facsimile - 714 · 544-0200 COUNTY AiMINISTRATIVE OFFICE December 8, 1980 Mr. Dan Blan.kenship City of Tustin Centennial at Main Tustin, California 92680 R. E. THOMAS COUNTY ADMINISTRATIVE OFFICER HALL OF ADMINISTRATION 10 CiViC CENTER PLAZA SANTA ANA, CALIFORNIA 92701 TELEPHONE: 834-2345 AREA CODE 714 AB2-A6 Dear Mr. Blankenship- Enclosed please find a signed copy of the Master Property Tax Transfer Agreement approved by the Board of Supervisors and a copy of the Board resolution whereby the County agrees to accept the exchange of property tax revenues in accordance with the terms of the Agreement. Thank you very much for your assistance and cooperation in this matter. Very truly Yours, George A. Rebella Staff Analyst kg Enclosure EXHIBIT C 5 8 10 11 12 13 14 18 19 20 21 22 23 24 '" 25 ~ 26 ; 27 28 · MAS'.i.'v,.;R PROPERTY TAX TRANSFER AGREEMENT ,,,. ". ~ BETWEEN THE COUNTY OF ORANGE AND THE CITY OF .... -/ TUSTIN TO PROVIDE FOR PROPERTY TAX EXCHANGE "'"~ IN AREAS ANNEXED BY THE CITY .o THIS AGREEMENT is entered into this 28th day of 0ct0ber 19.80 , by and between the County of Orange, hereinafter "COUNTY",. and the City of 'Tustin , hereinafter "CITY", as follows: .. 1. The purpose of this Agreement is to provide a uniform and pre- dictab'le method of exchanging property tax revenues between CITY, COUNTY, .- and cez2tain special districts governed by the Board of Supervisors ~hen : .- CITY annexes an area previously unincorporated. This Agreement is entered into pursuant to section 99 (d) of the Revenue and Taxation Code. · J ,, ¢ ', , (Hereafter statutogy referenCes are to the Revenue an~' Taxation Code -.. unless otherwise indicated.) .. 2. This Agreement covers any completed and effective annexations to CITY filed with the State Board of Equalization between January 2, 1978, . . and July 24, 1979, as well.as those pending uncompleted and future annexa- tions subject to the tax reallocation provisions of se6tion 99. Any annexations completed on or before July 24, 1979 which have heretofore · been assigned to an existing tax rate area by the State Board of Equali- zation are excluded from this Agreement. 3. For any annexations to CITY ~iled with the State Board of Equali- zation between January 2, 1978 and January 1, 1979 and between January 2, .. 1979 and July 24, 1979 which were made effective on the tax rolls.respec- tively for' fisca~ years' 1979-80 and 1980-81 the redistribution of taxes will first be effected beginning with the proceeds of the fiscal 1980-81 _- tax ro 11. For any annexations filed with the State Board of Equalization · ! after jUly 24, 1979 _..,e redistribution of prop~--ty tax revenues wi-il b~gin 2 in the fiscal year in which the tax roll .is first changed to reflect the '3 annexation, i.e., the fiscal year in which the a. nnexation is effective for 4 property-tax purposes pursuant'to 'Government Code SeCtion 54902' " 5 4. This agreement may be amended at any time by the mutual Consent of the parties. Any such amendment will apply only to those annexations completed thereafter. 10 fund, 6ertain special districts and CITY.· · . 8 - 5. The historic tax ratio between CITY and COUNTY shall be used as 9 a basi~ to redistribute property tax revenues among th~ County general The historic CITY-.COUNTY tax ratio is .44954885957'.55045114043~ It was arrived at in the followi, ng manner: · · a. The Co.u~.ty Auditor-Controller has determin'ed the 1979-80 property tax allocations to various jurisdictions in accordance with section 97.5. · . b. The total property tax allocation for CITY and the total : property tax al'location for th~ County general fund within CITY were calculated. The above ratio represents the percentage of each to the total of the two. The above historic tax ratio shall remain constant through- out the term of this Agreement and is to be used for all anhexations covered by this Agreement withouf regard to the year they take place 6. For the purpose of determining the redistribution of prOperty tax revenues in newly annexed areas pursuant to this Agreement, property .. contained 'in each proposed annexation shall be determined to be de~eloped/ substantially developed or undeveloped .in accordance with the procedure set forth in this paragraph. ' · 5 6 10 11 12 13 14 "- 16 , 17 18 19 20 21 22 23 24 ff 25 o. 26 ~ 27 a. Annexations filed with the Local Aqency Formation Commission after the effective date of this Agreement: Prior to the filing of a resolution or petition for. annexa? tion with the Local Agency Formation Commission, the property proposed for annexation shall be determined to be developed/substan- tially developed or undeveloped as follows: · (1) (a) If the property is residential in nature, is wholly subdivided and at least 75 percent of the subdivided 1°ts have existing residential structures on them, the property shall be deemed developed/substantially developed. (b) If the property is wholly residential in nature, is wholly subdivided and less than 25 percent of the subdivided lots have existing residential structures on them; and there are no parks, park sites, .school sites, or other public improvements or facilities on the property (excluding streets highways, utility lines), the property shall be deemed -undeveloped. (c) If the entire property is being used for agricultural purposes, the property shall be deemed undeveloped. (d) If the property has no parks, park sites, school sites, oil exploration or production facilities, or other structures, improvements or facilities on it, whether public or private, it shall be deemed undeveloped. (2) If the property fails to fall into any of the categories defined in subparagraph a. (1) above, then the property shall be deemed and treated developed/substantially developed or undeve- loped if the County Administrative Officer and the City Manager, or their designees, agree in writing. -3- -5 6 10 11 12 13 ~ 15 0 ~ 16 · ~, ~7 18 19 20 21 22 23 24 ~ 25 ~o 26 · ~ 27 ~ '28 / / (3) If such written agreement is not reached within thirty days following the City Manager's written request to the County Administrative Officer and the annexation is .under one hundred acres, then the Local Agency Formation Commission shall determine whether or not the property is. to be deemed and treated as deve- loped/substantially developed or undeveloped. Such determination may be made by the Local Agency Formation Commission at the time of its final determination regarding the annexation. In making the above determination regarding the status of the property the Local Agency Formation Commission shall consider the recommenda- tions of both COUNTY and CITY, if any, and shall consider the following factors if-applicable: , (a) The ratio of assessed value of improvements to assessed value of land; (b) The density of population; (c) The extent of commercial, residential and industrial d eve lopment; (d) The extent of public facilities, improvements and properties; (e) Existing COUNTY and proposed CITY land use standards for the property to be annexed and surrounding areas; and (f)' Any other factors it deems appropriate. CITY and COUNTY shall file resolutions with the Local .. Agency Formation Commission pursuant to section 99(b) agreeing to be bound by its determination whether the property is deVe- loped/substantially developed or undeveloped. -4- ' 5 10 Il 13 14 J ).. d t- 15 '~ 16 · 18 19 20 21 22 23 24 25 ~o 26 g 27 28 · (4) If such written agreement is not reached within thirty days following the City Manager's request to the County Admini- strative Officer and the annexation is one hundred acres or more, such determination shall be made by the Executive Officer of the Local Agency Formation Commission on the basis of the same matters required to be considered by the Commission. Such deter- .... minati~n shall be made prior to the filing of the resolution or petition for annexation with the Commission. b. Annexations completed or filed with the Local Aqency Fon~ation Commission on or before the effective date of this Aqreement: Attached hereto, Exhibit A, is a list of any annexations covered by this Agreement which have been completed or were filed · with the Local Agency FOrmation Commission on or before the effective date of this Agreement. Said annexations shall be treated as deve- loped/substantially developed or undeveloped as indicated in said exhibit. 7. In the case of annexations to CITY of unincorporated areas the following methods will be used to make the section 99 adjustments to the allocation of property tax revenues made pursuant to section 97 (a), and the proportions alloCated pursuant to section 98(e), to the County general fund; certain special districts governed by the Board of Supervisors; and 'CITY. a. If the area to be annexed is developed/Substantially deve- loped the amount allocated to the CITY and County general fundo'with respect to each new tax rate area pursuant to section 97.5(a) in the first fiscal year in which the annexation is effective for tax pur- poses is determined as follows. In each new tax rate area within the area annexed the amount which would have been allocated to the -5- 5 10 11 12 13 14 '" 16 · § ~7 18 19 20 21 22 23 24 County general fund under sections 97 (a) and 98 (e), assuming CITY is entitled to a zero allocation, shall be divided between CITY and the County general fund on the basis of the CITY-COUNTY historical tax ratio. Additionally in each new tax rate area the amount which would have been allocated, pursuant to sections 97 (a) and 98 (e), assuming CITY is entitled to a zero allocation, to any special district _. governed by the Board of Supervisors which transferred complete ser- vice responsibility to CITY as a result of the annexation, shall be determined. Said amount shall be divided between CITY and the county general fund on the basis of the historical CITY-COUNTY tax ratio. In the event any special district governed by the Board of Supervi- sors has transferred par. tial, but not complete, service responsibi- lity to CITY the transfer to COUNTY and CITY from said district under this paragraph shall be as agreed by CITY and COUNTY. b. If the area to be annexed is undeveloped the amounts alloca- ted to the CITY and County general fund shall be determined in the same manner as subparagraph "a" above, provided that the amount allocated to the County general fund in each new tax rate area pursuant to section 97.5(a) in the first fiscal year and each year thereafter shall be at least equal to the allocation to the County general fund in the same geographical area in the fiscal year prior to that in which the annexation is effective for tax purposes. 8. The amounts allocated pursuant to paragraph 7 in the first fis- cal year shall form the basis for allocations in subsequent fiscal-years as otherwise provided by sections 97, 97.5 and 98; provided that the' / -6- · 5 .7 10 11 12 13 14 18 19 21 22 23 24 - 25 ~ 26 · "' 27 · . amounts guaranteed to the County general fund in subparagraph 7b shall be ignored in determining the amount of property tax revenue allocated in the prior year for purposes of sections 97 (a) and 98 (e). Attached hereto Exhibit B, is an illustration of the calculations contained in paragraphs 7 and 8 as applied to a hypothetical annexation. 9. Annexations of one hundred acres or more which are developed/ substantially developed are excluded from this Agreement. The parties shall negotiate a separate agreement for such annexations. 10'. Annexations of one hundred acres or more which are undeveloped are subject to this Agreement provided the parties may negotiate a sepa- rate agreement for such annexations. 11. The' parties shall take all actions necessary~to effectuate this , · Agreement, including the filing of resolutions pursuant to section 99(b) agreeing to accept the exchange of property taxes provided for herein.. 12. The provisions of this Agreement will determine the adjustments, pursuant to section 99, resulting 'from annexations to CITY. It is 'under- stood that any such determination will be subject to subsequent adjust- ment, as provided by applicable statutes, in the event' all or any portion of the annexed territory is subsequently included in another jurisdic- tional change. 13. This Agreement shall commence the date last executed below and continue in effect until terminated i~ the following manner. Either party may terminate this Agreement on at least six months' written notice .. provided that this Agreement will continue to apply to any annexations filed with the Local Agency Formation Commission prior to the date sUch notice is given. / / -7- · 5 6 .7 10 .11 12 13 14 5 15 0 '.' 16 §~7 18 19 20 21 22 23 24 ff 25 ~ 26 · -~ 2-1 14 The terms "property tax revenues" " · , jurisdiction", and "juris- dictional change" as used herein shall have the same meaning as containe~ in section 95.. 'The term "special district" shall have the same meaning as contained in sections 2215 and 2216. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below: Signed and certified that a copy of this document .has been delivered to the Chair'man of-'the Board. ,.) ,, , J JUNE ALEXANDER Clerk of. the Board of Supervisors COUNTY OF O~NGE, a political subdivision of the State of California ~hairman of its Board of Supervisors "COUNTY" APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL DATED: November 3, 1980 CITY OF TUSTIN "CITY" -8- EXHIBIT A Annexation No. 117 Annexation No. 124 Peters Canyon Santa Ana Fwy-Myford Completed 9/6/79 Filed undevei. undevel. Annexation No. 97 Annexation No. 107 Annexation No. 109 Annexation No. 110 AnnexationNo. 111 Annexation No. 114 Annexation No. 115 Annexation No. 116 Annexation No. 118 AnnexationNo. 119 Annexation No. 120 Annexation NO. 121 Annexation No. 122 Annexation No. 123 Annexation No. 127 -Main St. - Freeway Island Browning/Mitchell/Red Hill Island Sycamore/Walnut/Mitchell San Juan - Green Valley Nisson - "B" Street T~ 10250 "B" Street Warren - Newport Green Valley - Red Hill Newport - Sycamore Prospect - 17~% St. "B" Street - McFadden Irvine Blvd. - Dean St. Tract Map 11050 San Juan -Red Hill Holt - Hamala Island Island Island Partial Partial Partial Partial Partial Pnsula Partial Island 12/21/79 9/3/80 Filed 9/22/80 Filed 12/4/78 1/15/79 1/15/79 1/15/79 2/20/79 6/4/79 Filed Filed Filed Filed developed developed developed developed developed developed developed developed develope~ developed developed developed developed developed developed Exhibit ~. Page 1 of 4 Illustration of Property Tax Redistribution Following a City Annexation 1. In fiscal year 1 the city .exists entirely in tax rate area (TRA) 1-001. 2 TRA's (88-001 and 88-002) represent the unincorporated area adjacent to the city and are classified as undeveloped under paragraph 6. 2. During fiscal year 1 an annexation is completed prior to January 1st so that it is effective for the fiscal year 2 tax roll, creating TRA's 1-002 and 1-003 on the fiscal year 2 tax roll. No other jurisdictional changes took place. 1-001 1-002 88-001- 1-003 88-002 3. Growth in assessed value from fiscal year 1 to fiscal year 2 is 10% for the geographic area represented by TRA 1-002 and 10% for the balance of 88-001. Growth in assessed value from fiscal year 2 to fiscal year 3 is 110% for TRA 1-002. 4. The historical City-County ratio is .5 : .5. 5. Pertinent calculations in fiscal year 1: Rev. & Tax. Code Sec. 98(e) 97.5 factors amount 1-001 City .16 County General Fund .16 Ail Special Districts .08 Schools .60 1.00 N/A 88-001 City .00 County General Fund .20 Special District A .05 Special District B (services not assumed) .10 Schools .65 --0-- 240 60 120 780 1.00 $1,200 a. Special District A rePresents a Special District governed by the Board of Supervisors whose service responsibilities are fully assumed by the city due to the annexation. Exhibit B . · Page 2 Of' '4 ,.-'.. b. The city did not exist in TRA 88-001 in fiscal year 1 and therefore has no factors or amounts allocated to it. 6. A portion of TRA 88-001 representing 25% of the assessed value in year 1 will, due to the city annexation, become TRA'i-002 in year 2. The pertinent calcula- tions for fiscal year 1 would be as follows: 98(e) 97.5 factors amount 1-002 City .00 $ -0- County General Fund .20 60 · Special District A .05 15 Special District B .10 30 Schools .65 195 1.00 $ 3O0 Balance of 88-001 City County General Fund Special District A Special District B Schools .00 $ .20 180 .05 45 .10 90 ., .65 , 585 ~.00 $900 ~ ~ "'. Exhibit B · ~ Page 3 of 4 Auditor-Controller does sections 97, 97.5, 98 and 99 calculations Fiscal Year 1 Fiscal Year 2 (1) (2) (3) (4) 98 (e) 97.5 98 (e) 97 (a) 98 (e) - factor amount factors amount amount Total -002 City .125 $ -0- $ 41.25 $ 22.50 County General Fund Did not exist .125 -0- 41.25 60.00 Special District A .00 -0- -0- -0- Special District B .10 -0n 33.00 33.00 Schools .65 -0- 214.50 214.50 1.00 $'-0-. $ 330.00 $330.00 ~-001 City .00 $ -0- .00 '$ -0- $ -0- $ -0- County General Fund .20 240 .20 240 (42.00) 198.00 Special District A .05 60 .05 60 (10.50) 49.50 Special District B .10 120 .10 120 (21.00) 99.00 Schools .65 780 .65 780 (136.50) 643.50 .. 1.00. $1,200 1.00 $1,200 $(210.00) $990.00 ootnotes (1) Section 98(e) factors from the predecessor TRA are used for new TRA 1-002. The County General Fund factor of .20 plus the Special District A factor of .05 equal .25 which is split between City and County General Fund in the historical ratio of .5 : .5. (2) The section 97(.a) amount is the section 97.5 amount of the prior year. The section 97.5 amount for 1-002 was -0- in the prior year. The section 97.5 amount for 88-001 was the entire fiscal year 1 amount for that TRA. (37 For 1-002, because there was no prior year section 97.5 amount, the entire allo- cation for all entities is made under section 98(e). For 88-001, because'the assessed value has decreased, the amount calculated under sectioD 98(e) is negative and reduces the section 97(a) amount to a£rive at the total. .- The portion of 88-001 which became 1-002 was $300 in year 1 x 10% increase = $330 in year 2. The portion of 88-.001 not annexed was $900 in year 1 x 10% increase = $990 in year_2. Compared to $1,200 of year 1 results in $(210) for year 2. " (4) In TRA 1-002, City and County General Fund amounts after section 97(a) and section 98(e) calculations were $41.25 each. Paragraph 7b provides the County General Fund shall not receive less than the section 97.5 amount for the year prior to the annexation (that is $60). Accordingly the City and County General Fund amounts were adjusted. Auditor-Controller does sections 97, 97.5, 98 and 99 calculations Exhibit, i?.", '- Page 4°'o~= ~4' 'Fiscal Year 3 (1) _ (2) (3) 98 (e) 97 (a) 98 (e) factors amount amount Total 1-002 City .125 $ 41.25 $ 45.38 $ 86.63 County General Fund .125 41.25 45~37 86.62 Special District A .00 -0- -0- -0- Special District B .10 33.00 36.30. 69.30 Schools ~. .65 214.50 235.95 450.45 1.00 $330.00 $363.0C $693.00 Footnotes' ... (1) 98(e) factors from prior year are used. (2) The 97(a) amount is the 97.5 amount of the prior year before the paragraph 7b adjustment. - (3) Because County General Fund share under the historical ratio now exceeds the amount guaranteed under paragraph 7b, no adjustment is necessary. . 6 10 11 12 13 14 ~ 16 ~ 17 18 19 20 'u sov.u xo ovov suv .avxSous ov · · ORANGE COUNTY, CALIFORNIA November 18, 19 80 ' · On motion 'of SupervisOr Anthony, duly seconded and carried, the following Resolution was adopted: · . '- NOW, THEREFORE, BE IT RESOLVED as follows: · '-]. · The 'Chairman of .this Board is authorized to.execute the Master · . Property Tax Transfer Agreement between the county' of orange and the City of Tustin.' ':'-- .' -. .. · . · 2. This Board determines that the exchange of property tax reVehu( · for the annexations 'listed in Exhibit A· of the Master ProPerty Tax Trans~ · Agreement are in accordance with the terms of said Agreement. 3. The.Clerk of this Board is directed to notify the Executive Officer of the .Local Agency Formation Commssion to take appropriate · steps to finalize before the State' Board of Equalization 'ail the annexa- tions listed in Exhibit'A of the Agreement. -. . · 21 .. 22 23 24 AYES: ~ 25 .e.o 26 · ~ 27 NOES: SUPERVISORS NONE ~ 28 ABSENT: SUPERVISORS NONE ED:jc Resolution No. 80-1903 AB 8 Master Prop. Tax Trans. Agrmnt./Xchange of Prop. Tax Rev./City of Tustin .. SUPERVISORS PHILIP L. ANTHONY, THOMAS F. RILEY, HARRIETT· M. WIEDER, EDISON W. MILLER and RALPH B. CLARK STATE OF CALIFORN___ ) -ss COUNTY OF ORANGE ) I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolut · was duly and regularly adopted by the said Board a~ a regular meeting '. thereof held on the 18thday of November , 1980 , and passed .. by a unanimous ·vote of said Board. 8 IN WITNESS WHEREOF t .. - . 9 18thday of November 10 11 12 13 I have hereunto set..-:.~':hi~a"'&nd.seal ~his' · · ,,...-~:' ,~. '' ~, .' '.~. .. . ~ao~ ' :-. ~.'i ~" 0 ~ .S,I p ~ ',.'. :...:.. .;.. ~ .,-' ,-,,, q · --.. - - - ~ - - ~ .- e _ · · f 'e.' -'- .:'-:~c % ? " , ~ - .;;.~ · ,~. ~ ~ · ~ ~ JUNE ALE~DER: Clerk 6f:_t.nfi.' ~oara of orh~3 'doUnty.,'- dalifoYnia ".. *, ~e * . ', ~, "... - . ....' ~ ~-' . . 2 · . . ~ . /f.. ..... ._,% % ,i- .' . . ~.- . . . . .. . . 18 20 21 22 23 24 25 '26 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 96-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INITIATING APPLICATION FOR THE UNINHABITED ANNEXATION OF TERRITORY KNOWN AS ANNEXATION NO. 156 (A PORTION OF THE ABANDONED SOUTHERN PACIFIC RIGHT-OF-WAY NORTH OF 13031 NEWPORT AVENUE) WHEREAS, the City Council of the City of Tustin on behalf of Plaza Properties, LLC has initiated preliminary proceedings pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, for the annexation of certain uninhabited territory; and, WHEREAS, the owner of the property located at 13031 Newport Avenue, which is adjacent to the subject property, desires to expand the existing parking lot serving the shopping center at 13031 Newport Avenue; and, WHEREAS, to simplify and streamline the design and permitting process for the proposed parking lot expansion and to improve essential government services (police, fire, etc.), it is important to the shopping center owner that the parking lot expansion and the shopping center be located within the same jurisdiction; and, WHEREAS, notice of intent to adopt this resolution of application has been posted, published in a newspaper of general circulation, and given to each interested agency, each subject agency, and each owner of property within 300 feet of the subject property; and, WHEREAS, a public hearing was held by the City Council on October 21, 1996; and WHEREAS, the City Council has determined that this proposed annexation of a small parcel of land qualifies as a Categorical Exemption (Class 19) from the requirements of'the California Environmental Quality Act. NOW, THEREFORE BE IT RESOLVED, .by the City Council of the City of Tustin California that: o The proposal for Annexation No. 156 to the City of Tustin is made pursuant to Part 3, Chapters 1 and 4 of the Cortese-Knox Local Government Reorganization Act of 1985. . The proposed change of organization consists of the annexation of approximately .7 acre of uninhabited territory as shown on Exhibit A attached hereto and by this reference incorporated herein, is 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 surrounded by unincorporated territory of the County of Orange to the north, east and west, and is. bordered by the lncorporated limits of the City of Tustin on the south. , The proposal for Annexation No. 156 to the City of Tustin is consistent with t~he sphere of influence of the City of Tustin. The subject property is located to the north of 13031 Newport Avenue and to the west of 12901 through 12943 Newport Avenue. o The proposed annexation is made for the purpose of increasing the economy and efficiency of government services. · The application for annexation is submitted by the City Council of the City of Tustin on behalf of Plaza Properties, LLC. o Following annexation of the subject property, the Planning Commission and City Council will determine the appropriate zoning and general plan designations for the property. . The Local Agency Formation Commission is hereby requested to undertake annexation proceedings pursuant to Part 3, Section 56837 of the C0rtese- Knox Local Government Reorganization Act of-1985. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of October, 1996. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED ANNEXATION NO. 156 (A PORTION OF THE ABANDONED SOUTHERN PACIFIC RIGHT-OF-WAY NORTH OF 13031 NEWPORT AVENUE) WHEREAS, a Master Property Tax Transfer Agreement between the County of Orange and the City of Tustin to provide for property tax exchange in areas annexed by the City has been executed by the Board of. Supervisors of Orange County and the City Council of the City of Tustin, effective November 18, 1980; the agreement'provides for division of property taxes pursuant to Section 99(d) of the Revenue and Taxation Code of the State of California; and WHEREAS, the City Council of the City of Tustin has proposed the annexation of the uninhabited area known as Annexation No. 156 (a portion of the abandoned Southern Pacific right-of-way north of 13031 Newport Avenue). NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Tustin, California that the Master Property Tax Transfer Agreement between the County of Orange and the City of Tustinto provide for property tax exchange in areas annexed by the City and to provide for the allocation of property tax revenues, as approved by the Board of Supervisors and the City Council and effective November 18, 1980, shall be applicable to the territory within the proposed Annexation No. 156 (a portion of the abandoned Southern Pacific .right-of-way north o'f 13031 Newport Avenue). PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of October, 1996. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk